Evans v Auto Tech Collision
Decided on February 28, 2006
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., McCABE and LIPPMAN, JJ
2005-953 N C.
Audrey Lorraine Evans, Appellant,
Auto Tech Collision, Respondent.
Appeal from a judgment of the District Court of Nassau County, First District (Adam H. Moser, J.), entered March 17, 2005. The judgment, insofar as appealed from, after a nonjury trial, dismissed plaintiff's action.
Judgment affirmed without costs.
In this small claims action, plaintiff sought to recover the value of her van which she alleged defendant disposed of without her authority following its involvement in a collision. An issue of credibility was presented as to whether plaintiff had transferred title to her van to defendant. In any event, plaintiff failed to introduce any
evidence as to the value of her van after it struck defendant's parked tow truck. Under the circumstances presented, we find no basis to disturb the lower court's dismissal of plaintiff's action since substantial justice was done between the parties according to the rules and principles of substantive law (UDCA 1804, 1807).
Rudolph, P.J., McCabe and Lippman, JJ., concur.
Decision Date: February 28, 2006